Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC on the procedures and formalities for judicial assistance in civil matters

JOINT CIRCULAR

Regulations on the procedures for judicial assistance in civil matters

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Pursuant to the Law on Judicial Assistance dated November 21, 2007;

Pursuant to Decree No. 92/2008/NĐ-CP dated August 22, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Judicial Assistance;

The Minister of Justice, the Minister of Foreign Affairs, and the Chief Justice of the Supreme People's Court issue this Joint Circular stipulating the procedures for judicial assistance in civil matters.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular stipulates principles, procedures, authorities responsible for implementing judicial assistance in civil matters, and the responsibilities of Vietnamese state agencies in judicial assistance in civil matters.

Article 2. Applicability

This Joint Circular applies to agencies, organizations, and individuals in Vietnam and foreign agencies, organizations, and individuals related to activities of judicial assistance in civil matters.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Judicial commission of Vietnam is a written request from a competent authority in Vietnam requesting a competent authority abroad to carry out one or more acts of judicial assistance in civil matters.

2. Judicial commission from abroad is a written request from a competent authority abroad requesting a competent authority in Vietnam to carry out one or more acts of judicial assistance in civil matters.

3. Persons liable for payment of costs for the execution of judicial commissions from Vietnam include:

a) Parties specified in Article 152 and Article 153 of the Civil Procedure Code 2015 for requests for service of process, collection of evidence to resolve civil cases, and service of decisions on protest, supervisory review, and retrial;

b) Agencies, organizations, and individuals with requests for enforcement of court judgments and decisions, arbitration awards that generate judicial commissions abroad.

4. Persons liable for payment of costs for the execution of judicial commissions from abroad are foreign agencies, organizations, and individuals making judicial commissions to Vietnam.

6. The main channel for service is the method of sending documents required to be served through the central agency of the requested country as provided in Articles 2 to 7 of the Service Convention.

7. The indirect consular channel is the method of sending documents required to be served through the consular representative office of the requesting country and the competent authority of the requested country as provided in paragraph 1 of Article 9 of the Service Convention.

8. The indirect diplomatic channel is the method of sending documents required to be served through the diplomatic representative office of the requesting country and the competent authority of the requested country as provided in paragraph 2 of Article 9 of the Service Convention.

9. The direct diplomatic or consular channel is the method of sending documents required to be served directly to the recipient through the diplomatic or consular representative office of the sending country without going through the competent authority of the receiving country as provided in Article 8 of the Service Convention.

Article 4. Application of foreign law in judicial assistance in civil matters

1. Foreign law shall be applied according to the provisions of Clause 2, Article 3 of the Law on Judicial Assistance when all of the following conditions are met:

a) There is an international treaty between Vietnam and a foreign country concerning judicial assistance that provides for this matter;

b) There is a written request from a competent authority of a foreign country to apply its law;

c) The consequences of applying foreign law do not contravene fundamental principles of Vietnamese law.

2. The Ministry of Justice shall take the lead and coordinate with the Supreme People's Court and the Ministry of Foreign Affairs to examine and decide on the application of foreign law. In cases where the conditions set forth in Clause 1 of this Article are not met or the application of foreign law cannot be implemented, the Ministry of Justice shall respond in writing to the competent authority of the foreign country or notify the Ministry of Foreign Affairs to respond to requests for the application of foreign law sent via the diplomatic channel.

2. The Ministry of Justice shall take the lead and coordinate with the Supreme People's Court and the Ministry of Foreign Affairs to examine and decide on the application of foreign laws. In cases where the conditions prescribed in Clause 1 of this Article are not met or it is impossible to apply foreign laws, the Ministry of Justice shall respond in writing to the competent foreign authority or notify the Ministry of Foreign Affairs to respond to requests for the application of foreign laws sent through diplomatic channels.

Article 5. Application of the principle of reciprocity in judicial assistance in civil matters

The competent authority of Vietnam may refuse to implement judicial assistance in civil matters for foreign countries based on the principle of reciprocity in judicial assistance between Vietnam and foreign countries as stipulated in Clause 2 of Article 4 of the Law on Judicial Assistance in the following cases:

1. When there is evidence indicating that the foreign country does not provide judicial assistance in civil matters to Vietnam.

2. When implementing such judicial assistance contravenes the fundamental principles of Vietnamese law.

Article 6. Costs of Implementing Judicial Commissions in Civil Matters

1. The person obligated under Clause 3 of Article 3 of this Joint Circular must pay the costs of implementing judicial commissions, except where otherwise provided by law or international treaties to which Vietnam is a party.

2. The costs of implementing judicial commissions of Vietnam include fees, charges, and actual expenses incurred when implementing judicial commissions according to Vietnamese law and relevant national laws.

3. The costs of implementing judicial commissions of foreign countries include fees, charges, and actual expenses incurred when implementing judicial commissions according to Vietnamese law.

4. The amount of collection, the authorized agency collecting, and the procedure for collecting fees and charges for judicial commissions of Vietnam and foreign countries' judicial commissions in civil matters shall be carried out in accordance with the provisions of the law on fees and charges.

5. Based on the specific content of the request for judicial commission, the actual costs of implementing judicial commissions of Vietnam include one or more of the following costs:

a) Translation, certification, and authentication costs of the judicial commission dossier;

b) Service of process costs of the judicial commission dossier abroad;

c) Costs of collecting and providing evidence abroad;

d) Other costs (if any) as prescribed by Vietnamese law and the law of the related country.

6. Based on the specific content of the request for judicial commission, the actual costs of implementing judicial commissions of foreign countries include one or more of the following costs:

a) Service of process costs of the judicial commission dossier performed by organizations or individuals with service functions according to Vietnamese law;

b) Costs of collecting and providing evidence;

c) Costs of implementing judicial commissions according to special requests from foreign countries;

d) Other costs (if any) as prescribed by Vietnamese law.

7. The actual costs of implementing judicial commissions specified in Clause 5 and Clause 6 of this Article shall be collected and paid according to the provisions of Articles 7, 8, and 9 of this Joint Circular.

Article 7. Collection and Payment of Actual Costs of Implementing Judicial Commissions of Vietnam

1. Domestic actual costs arising from the person obligated to pay the costs of implementing judicial commissions of Vietnam shall directly settle these costs with the service provider.

2. For actual costs collected by the competent authority of a foreign country:

a) In cases where the actual costs have been determined according to the regulations of the foreign side at the time the Vietnamese competent authority requests the establishment of the judicial commission dossier, the Vietnamese competent authority requesting the judicial commission shall notify the person obligated to pay the costs of implementing judicial commissions of Vietnam to pay these costs to the competent authority of the foreign country in accordance with Vietnamese law and the law of the related country.

Article 8. Procedure for transferring and settling advance payments for actual costs of judicial entrustment implemented by Vietnam

The transfer and settlement of advance payments for actual costs of judicial entrustment implemented by Vietnam as stipulated in point b, Clause 2, Article 7 of this Joint Circular shall be carried out as follows:

1. The enforcement agency opens an account at a commercial bank to transfer the actual costs of judicial entrustment implemented by Vietnam to the competent authority of the foreign country.

2. Upon receipt of a document from the competent authority of the foreign country regarding the actual costs of judicial entrustment, the receiving agency shall be responsible for sending such document to the competent authority requesting judicial entrustment of Vietnam according to the procedure set forth in Article 15 of this Joint Circular.

3. Within three working days from the date of receipt of the document from the competent authority of the foreign country, the competent authority requesting judicial entrustment of Vietnam shall send the document and notify the enforcement agency and the person obligated to pay the actual costs of judicial entrustment of Vietnam about the actual costs required by the competent authority of the foreign country.

4. Within seven working days from the date of receipt of the notification from the competent authority requesting judicial entrustment of Vietnam, the enforcement agency shall settle the actual costs for the foreign side as follows:

a) In cases where the advance payment is sufficient to cover the actual costs for the competent authority of the foreign country and the expenses for transferring funds abroad, the enforcement agency shall transfer the funds to the foreign side according to the request of the competent authority of the foreign country.

If the person obligated to pay the actual costs of judicial entrustment of Vietnam fails to make supplementary payment within the notified period, the enforcement agency shall transfer the advance payment to the competent authority of the foreign country after deducting the expenses for transferring funds abroad if the foreign competent authority has provided the results of judicial entrustment or notified the competent authority implementing judicial entrustment to handle the matter according to the law in cases where the foreign side requires full actual costs before implementing judicial entrustment of Vietnam.

In the notification, the enforcement agency shall clearly state the deadline for the person obligated to pay the actual costs of judicial entrustment of Vietnam to reclaim any excess advance payment (if any) for judicial entrustment requests concerning civil enforcement, service of protest decisions, final review decisions, and re-examination decisions.

For judicial entrustment requests from the first-instance court and the appellate court, the provincial enforcement agency shall return any excess advance payment to the person obligated to pay the actual costs of judicial entrustment of Vietnam upon receipt of a decision from the court resolving the civil case.

6. In cases where no results of judicial entrustment are received; judicial entrustment cannot be implemented due to the failure of the person obligated to pay the actual costs of judicial entrustment to make supplementary advance payment; or the competent authority of the foreign country notifies that no actual costs will be charged, the competent authority requesting judicial entrustment of Vietnam shall issue a decision to refund the advance payment to the payer upon completion of the case. The enforcement agency shall refund the advance payment to the payer according to this decision.

Article 9. Collection and Payment of Actual Costs for Execution of Foreign Judicial Commissions

1. In cases where actual costs have been determined at the time when the competent authority of Vietnam receives the judicial commission file, this authority must notify the foreign competent authority to pay the actual costs to the competent authority or organization of Vietnam.

2. In cases where actual costs cannot be determined at the time of receiving the judicial commission file, within five working days from the date of determining the actual costs, the competent authority or organization of Vietnam executing the foreign judicial commission must notify the foreign competent authority about the amount of costs, payment method, and the deadline for payment not exceeding sixty days from the date of issuance of the notification.

Within five working days from the expiration date specified in the notification, if the foreign competent authority does not pay the actual costs, the competent authority of Vietnam executing the foreign judicial commission must notify that the execution of the judicial commission cannot be carried out and return the file to the foreign competent authority.

The process of notifying the collection and payment of costs and returning the file to the foreign competent authority shall be implemented according to the procedure stipulated in Article 21 of this Joint Circular.

Chapter II

IMPLEMENTATION OF VIETNAMESE JUDICIAL COMMISSIONS

1. The competent authority requesting a Vietnamese judicial commission is the Supreme People's Court; High People's Courts; Provincial People's Courts; Provincial Civil Enforcement Agencies; Supreme People's Procuracy; High People's Prosecution Offices; Provincial People's Prosecution Offices and other competent authorities as prescribed by law.

2. County People's Courts, County People's Prosecution Offices, and County Civil Enforcement Agencies, during the process of handling civil cases and enforcing civil judgments, if there arises a need to issue a judicial commission abroad, shall prepare the file in accordance with Article 11 of the Law on Mutual Legal Assistance and Article 11 of this Joint Circular, and send it to the corresponding provincial-level agency as stipulated in Clause 1 of this Article for implementation according to the general procedure.

Article 11. File for Vietnamese Judicial Commissions

1. The file for a judicial commission is prepared in three copies and includes the documents prescribed in Article 11 of the Law on Mutual Legal Assistance, specifically as follows:

a) The document requesting the execution of a judicial commission regarding civil matters is prepared according to Model No. 01 issued together with this Joint Circular;

b) The document on a judicial commission regarding civil matters prescribed in Article 12 of the Law on Mutual Legal Assistance is prepared according to Model No. 02A issued together with this Joint Circular. In cases where the service of documents through the main channel of the Service Convention is required, the judicial commission document is prepared according to Model No. 02B issued together with this Joint Circular;

c) Other documents as required by the competent authority of the requested country (if any);

d) Other documents and materials necessary for the execution of the judicial commission as requested by the competent authority requesting the judicial commission of Vietnam.

2. The file for a judicial commission is established in the following manner:

a) The documents at point a, b, and c of Clause 1 of this Article must be signed by the person authorized to handle the case requiring the judicial commission, except for the judicial commission document prepared according to Model No. 02B issued together with this Joint Circular which is executed according to the guidelines;

b) The documents prescribed at points a and b of Clause 1 of this Article are original copies, and other documents, papers, and materials serving the execution of the judicial commission are original copies or certified true copies. Certified true copies and translations of the documents, papers, and materials at points b, c, and d of Clause 1 of this Article must be legally authenticated according to the law. For documents not issued or confirmed by the competent authority, the competent authority preparing the judicial commission file must compare the certified true copies of these documents with the originals and affix a confirmation stamp;

c) In cases where the matter requiring a judicial commission involves one or more parties with different addresses, separate files for the judicial commission must be prepared according to each party's address;

d) In cases where the matter requiring a judicial commission has different scopes as prescribed in Article 10 of the Law on Mutual Legal Assistance, separate files for the judicial commission must be prepared according to each scope of the judicial commission, except for the file for the judicial commission for the service of documents that requires the parties to provide statements, documents, and materials.

3. The file for a judicial commission is prepared in the language prescribed in Article 5 of the Law on Mutual Legal Assistance. In cases where the competent authority preparing the file cannot determine the official language or another language accepted by the requested country, the competent authority requesting the judicial commission sends a request to the Ministry of Foreign Affairs for determination. Within three working days from the date of receipt of the request from the competent authority requesting the judicial commission, the Ministry of Foreign Affairs must issue a request to the foreign competent authority to provide information on the language for mutual legal assistance. Within three working days from the date of receipt of the response from the foreign side, the Ministry of Foreign Affairs is responsible for informing the competent authority preparing the Vietnamese judicial commission file.

Article 12. Validity Conditions for Judicial Assistance Commissioning Documents of Vietnam

The judicial assistance commissioning documents are valid when they meet all of the following conditions:

1. The judicial assistance commissioning documents have been established in accordance with the provisions set out in Article 11 of this Joint Circular.

2. There is a receipt for fees and charges, and a document confirming the actual payment of costs to the competent foreign authority as stipulated in point a, Clause 2, Article 7 or a receipt for provisional payment of actual costs at point b, Clause 2, Article 7 of this Joint Circular.

Article 13. Procedure and Formalities for Receiving and Sending Judicial Assistance Commissioning Documents of Vietnam at the Ministry of Justice

Within ten working days from the date of receiving the judicial assistance commissioning documents of Vietnam, the Ministry of Justice shall be responsible for registering the judicial assistance commissioning documents, checking their validity according to the provisions of Article 12 of this Joint Circular, and performing the following tasks:

1. In case the judicial assistance commissioning documents are complete and valid, one of the following procedures shall be carried out:

a) Forward the documents through the main delivery channel or to the competent foreign authority in accordance with the provisions of the international treaty to which both Vietnam and that country are parties.

b) Forward the documents to the Ministry of Foreign Affairs to send them via diplomatic channels in cases where Vietnam and the other country have not signed an international treaty on mutual judicial assistance in civil matters or have not agreed on the principle of reciprocity.

c) Serve the documents through indirect diplomatic channels or indirect consular channels upon request of the competent authority requesting judicial assistance of Vietnam or in cases where it is impossible to forward through the main delivery channel.

2. In case the judicial assistance commissioning documents are incomplete or invalid according to the provisions of Articles 11 and 12 of this Joint Circular, the Ministry of Justice shall return the judicial assistance commissioning documents to the authority that sent them and clearly state the reasons.

Article 14. Procedure and Formalities for Receiving and Sending Judicial Assistance Commissioning Documents of Vietnam at the Ministry of Foreign Affairs and Vietnamese Representative Offices Abroad

1. The Ministry of Foreign Affairs shall be responsible for registering the judicial assistance commissioning documents of Vietnam and transferring the documents to Vietnamese representative offices abroad within five working days from the date of receiving the judicial assistance commissioning documents transferred by the Ministry of Justice.

2. Vietnamese representative offices abroad shall be responsible for registering the judicial assistance commissioning documents of Vietnam and transferring the judicial assistance commissioning documents to the competent foreign authority within five working days from the date of receiving the judicial assistance commissioning documents.

3. Serving through direct diplomatic or consular channels according to the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters if the other country does not object or permits such service under the guidance of the Ministry of Foreign Affairs and the Supreme People's Court.

Article 15. Notification of Results and Progress of Judicial Assistance Commissioning of Vietnam

1. Within five working days from the date of receiving the results of the execution of judicial assistance commissioning from the competent foreign authority and accompanying documents (if any), Vietnamese representative offices abroad shall send a notification of the results of the execution of judicial assistance commissioning and accompanying documents (if any) to the Ministry of Foreign Affairs.

2. Within five working days from the date of receiving the notification and accompanying documents (if any) sent back by Vietnamese representative offices abroad, the Ministry of Foreign Affairs shall transfer the notification and accompanying documents (if any) to the Ministry of Justice.

3. Within five working days from the date of receiving the results of the execution of judicial assistance commissioning from the competent foreign authority and accompanying documents (if any), the Ministry of Justice shall send a notification of the results of the execution of judicial assistance commissioning and accompanying documents (if any) to the authority that requested judicial assistance of Vietnam.

4. In case the competent authority requesting judicial assistance of Vietnam has a document requesting the Ministry of Justice to ask the competent foreign authority to report on the progress of judicial assistance commissioning, the procedure for sending a request to the competent foreign authority to report on the progress of judicial assistance and notifying the response of the competent foreign authority shall be carried out according to the procedures set out in Articles 13, 14, and 15 of this Joint Circular.

Article 16. Handling the Results of Judicial Commission at Competent Authorities Requesting Judicial Commission from Vietnam

1. The handling of the results of judicial commission for resolving civil cases in accordance with the provisions of civil procedural law.

2. The handling of the results of judicial commission for enforcing civil judgments in accordance with the provisions of civil enforcement law.

3. The handling of the results of judicial commission for other requests in accordance with relevant laws.

Chapter III

IMPLEMENTATION OF FOREIGN JUDICIAL COMMISSION

Article 17. Competence to implement foreign judicial commissions

a) Provincial People's Court;

b) Provincial Civil Enforcement Authority in cases where foreign judicial commission involves civil enforcement;

c) Notary public carrying out service of process in accordance with the law.

During the implementation of foreign judicial commission, the Provincial People's Court and the Provincial Civil Enforcement Authority may request organizations, individuals to provide evidence and information in accordance with the civil procedural law and civil enforcement law.

2. The authority of Vietnamese agencies and organizations implementing foreign judicial commission shall be determined as follows:

a) The place where the individual being served resides, works, or the location of the organization's headquarters or branch as requested by the competent authority of the foreign country.

b) The place where the witness or expert resides, works.

c) The place where evidence collection and provision take place.

Article 18. Documents of Foreign Judicial Commission

Documents of foreign judicial commission include the following:

1. Documents as prescribed by international treaties on judicial assistance in the civil field between Vietnam and that country. In cases where there is no international treaty on judicial assistance in the civil field between Vietnam and the foreign country, the documents of foreign judicial commission consist of those specified in Articles 11 and 12 of the Law on Judicial Assistance.

2. Receipts for payment of fees and charges for foreign judicial commission in civil matters in Vietnam according to current regulations on fees and charges for judicial commission in civil matters and actual costs (if any).

Article 19. Acceptance and Verification of the Legality of Foreign Judicial Commission Documents

1. The Ministry of Justice receives foreign judicial commission documents in accordance with the provisions of international treaties on judicial assistance in the civil field between Vietnam and that country or through the main channel, indirect diplomatic channel, indirect consular channel of the Service Convention.

If the Ministry of Foreign Affairs receives foreign judicial commission documents within five working days, it has the responsibility to transfer the documents and accompanying materials (if any) to the Ministry of Justice.

2. Within ten working days from the date of receipt of foreign judicial commission documents, the Ministry of Justice registers the foreign judicial commission documents, examines and verifies their legality, and performs one of the following tasks:

a) In case the documents are complete and valid, the Ministry of Justice transfers the documents to the competent authority of Vietnam as stipulated in Article 17 of this Joint Circular;

b) In case the documents are incomplete or invalid, the Ministry of Justice returns them to the foreign competent authority or transfers them back to the Ministry of Foreign Affairs and clearly states the reasons.

Article 20. Procedure, formalities, and time limit for executing foreign judicial commissions

1. Within seven working days from the date of receipt of the foreign judicial commission file, the competent Vietnamese authority shall record the foreign judicial commission file and perform one of the following tasks:

a) Accept and proceed to execute the foreign judicial commission in cases where the matter falls within its jurisdiction;

b) Return the file to the Ministry of Justice in cases where the matter does not fall within its jurisdiction;

c) In cases requiring additional information or documents, or where the execution of the commission generates actual costs, within five working days from the date of identifying the required additional information or documents or the actual costs incurred, the competent Vietnamese authority shall be responsible for sending a notification letter to the foreign competent authority to supplement the information or documents according to the procedure stipulated in Article 21 of this Joint Circular, or submit the actual costs according to the procedure stipulated in Article 9 of this Joint Circular.

2. The competent Vietnamese authority shall apply the following methods to execute foreign judicial commissions:

a) As prescribed by civil procedural laws and laws on enforcement of civil judgments similar to domestic cases;

b) By special means based on the request of the foreign competent authority. In cases where the competent authorities at Article 4 of this Joint Circular have decided to apply foreign law but the special means cannot be implemented in practice, the executing authority must immediately notify the Ministry of Justice to respond to the foreign competent authority according to the procedure for delivering results of executing foreign judicial commissions.

3. The competent Vietnamese authority shall execute foreign judicial commissions within the time limit requested by the foreign competent authority according to international treaties to which Vietnam is a party. If the foreign competent authority does not specify the time limit, it shall not exceed ninety days from the date the competent Vietnamese authority receives the file from the Ministry of Justice.

Beyond the aforementioned period, if the competent Vietnamese authority has still not been able to execute the foreign judicial commission, it must notify the Ministry of Justice and clearly state the reasons.

4. In cases where the execution of foreign judicial commissions generates actual costs, the competent Vietnamese authority shall only proceed after collecting all actual costs.

Article 21. Procedure, formalities, and time limit for notifying the results of executing foreign judicial commissions

1. Within five working days from the date of completing the method prescribed in Article 20 of this Joint Circular, the competent Vietnamese authority shall send a notification letter regarding the results of executing the foreign judicial commission in accordance with Model No. 03 issued together with this Joint Circular, with two copies and accompanying documents (if any) to the Ministry of Justice.

2. Within five working days from the date of receiving the notification from the competent authority, the Ministry of Justice shall send the notification and accompanying documents (if any) to the foreign competent authority requesting according to the provisions of the international treaty or to the Ministry of Foreign Affairs in cases where the foreign judicial commission file was sent through the Ministry of Foreign Affairs.

3. Within five working days from the date of receiving the notification and accompanying documents (if any) from the Ministry of Justice, the Ministry of Foreign Affairs shall send the result of executing the foreign judicial commission to the foreign competent authority that transferred the file to Vietnam.

4. In cases where the foreign competent authority requests notification about the progress of executing the foreign judicial commission, the procedures for receiving, sending, and responding to such requests shall be carried out like the procedures for receiving, sending, and notifying the results of foreign judicial commissions. The time limit for each competent Vietnamese authority is five working days from the date of receiving the notification.

Chapter IV

RESPONSIBILITIES OF RELATED AUTHORITIES

Article 22. Responsibilities of the Ministry of Justice

1. Inspect, urge, and notify the results of executing foreign judicial commissions and Vietnamese judicial commissions in cases where there is an international treaty between Vietnam and a foreign country on mutual judicial assistance in civil matters.

2. Update international treaties on mutual judicial assistance in civil matters that are effective and to which Vietnam is a party on the Ministry of Justice's electronic information website.

3. Update regulations on language requirements for foreign judicial commission files, fees, costs, and other related provisions of foreign countries that have signed international treaties with Vietnam on mutual judicial assistance in civil matters and of countries without international treaties on mutual judicial assistance in civil matters with Vietnam based on information provided by the Ministry of Foreign Affairs. These information will be published on the Ministry of Justice's electronic information website.

4. Take the lead and coordinate with the Ministry of Foreign Affairs in determining and updating the situation of foreign judicial commissions executed for Vietnam to serve as a basis for the competent authority to decide on refusing the reciprocity principle. This information will be published on the Ministry of Justice's electronic information website.

5. Perform other tasks as prescribed by the Law on Mutual Judicial Assistance and related legal normative documents.

Article 23. Responsibilities of the Ministry of Foreign Affairs

1. Inspect, urge, and report on the results of foreign judicial assistance cases and Vietnam's judicial assistance cases when such cases are transferred through diplomatic channels or directly via diplomatic and consular channels according to the Service of Process Convention.

2. Update regulations regarding language requirements for Vietnam's judicial assistance cases, fees, costs, and other relevant provisions of the foreign country where Vietnam's judicial assistance cases are sent, in cases where Vietnam and that country have not signed an international treaty on civil judicial assistance. This information will be posted on the Ministry of Foreign Affairs' website and simultaneously sent to the Ministry of Justice for general updates.

3. Provide information about costs for implementing foreign judicial assistance at the request of competent Vietnamese authorities; assist in transferring funds for civil judicial assistance to foreign agencies and organizations in special cases.

4. Coordinate with the Ministry of Justice in determining and updating the situation of foreign judicial assistance for Vietnam.

5. Report annually or upon request from the Ministry of Justice on the implementation of Vietnam's judicial assistance and foreign judicial assistance within its jurisdiction, and on the implementation of service of process of procedural documents for Vietnamese citizens abroad.

6. Publicize and update the contact addresses and points of contact for judicial assistance of Vietnamese representative offices abroad on the Ministry of Foreign Affairs' website.

7. Perform other tasks as prescribed by the Civil Judicial Assistance Law and related regulatory legal documents.

Article 24. Responsibilities of the Supreme People's Court

1. Coordinate, inspect, and urge competent courts to implement judicial assistance as stipulated in this Joint Circular and related laws.

2. Coordinate with the Ministry of Justice and the Ministry of Foreign Affairs to guide competent courts in implementing civil judicial assistance and review and summarize the implementation of civil judicial assistance.

3. Perform other tasks as prescribed by the Civil Judicial Assistance Law and related regulatory legal documents.

Article 25. Responsibilities of Competent Agencies and Organizations of Vietnam in Civil Judicial Assistance Activities

1. Implement judicial assistance in accordance with the provisions of this Joint Circular and related laws.

2. Notify persons obligated to pay costs for civil judicial assistance about the amount and method of payment for such costs as prescribed by laws on fees and charges and this Joint Circular.

3. Regularly update the Ministry of Justice or the Ministry of Foreign Affairs on the implementation of foreign judicial assistance requests annually or upon request.

4. Perform other tasks as prescribed by the Civil Judicial Assistance Law and related regulatory legal documents.

Chapter V

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Joint Circular takes effect from December 6, 2016, and replaces Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15, 2011, issued by the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People's Court guiding the application of certain provisions on civil judicial assistance under the Civil Judicial Assistance Law. The service of procedural documents to Vietnamese citizens abroad through Vietnamese representative offices abroad shall be carried out in accordance with the provisions of the Supreme People's Court and the Ministry of Foreign Affairs.

2. Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15, 2011, issued by the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People's Court guiding the application of certain provisions on civil judicial assistance under the Civil Judicial Assistance Law shall continue to apply to Vietnam's judicial assistance cases and foreign judicial assistance cases established before the effective date of this Joint Circular.

Article 27. Implementation Organization

During the implementation of this Joint Circular, if there are any difficulties or new issues arise, provincial-level people's courts, other competent state agencies, and notaries performing civil judicial assistance shall promptly report to the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People's Court for timely resolution./.